number of cases which justify the court
to convert a case from major offence to minor offence, if a case for
conviction under such minor ... prejudice is caused to the accused persons.
48.Already a case of kidnapping was alleged against the appellants in
respect of which a charge under
police have arrested him around 2.00 am. in connection with the kidnap case, but he has turned totally hostile to the said version and also ... been kidnapped. When he reached Vaishali Apartments around 4.15 p.m., he learnt that accused No. 1 Narendra Bhat had kidnapped the child and this
Haryana , (1983 Chandigarh Cr. Cases 408 : 1983 Cri LJ 1574. That was also a case where a girl was' kidnapped from Ambala ... kidnapping is complete as soon as the person is kidnapped with the requisite guilty intention or knowledge, and the consequence of kidnapping or abduction does
hurt to such person” also needs
to be proved in case the case is not covered by
subsequent clauses joined by “or”.
15. The word ... also note that the
Courts below, as is usual in kidnapping cases, have placed
singular reliance on the testimony of PW-21 to prove
Learned counsel for the appellant has submitted that the case of kidnapping or abduction has not been proved by the prosecution and before proceeding ... each case. Kidnapping and abduction are two distinct offences. The ingredients of the two offences are entirely different. Kidnapping except kidnapping from India
offence under Section 366 , I.P.C. covers the cases of kidnapping from lawful guardianship and cases of abduction. Since the prosecutrix has been held ... major on the date of occurrence it could not be a case of kidnapping from lawful guardianship. Furthermore from the above discussion, it is clear
petitioner no.1 was clearly
guilty of the offence of kidnapping and case against him should not
be quashed. In support of this submission ... help to the prosecution as that was a case of kidnapping of a
five years old girl and attempt to rape
note their essential ingredients, Section 363 provides for punishment in case of kidnapping of any person from India or from lawful guardianship. Kidnapping from lawful ... each case. Kidnapping and abduction are two distinct offences. The ingredients of the two offences are entirely different. Kidnapping except kidnapping from India
situation.
7. Learned counsel for the appellants has submitted that the case of kidnapping or abduction has not been proved by the prosecution and before ... each case. Kidnapping and abduction are two distinct offences. The ingredients of the two offences are entirely different. Kidnapping except kidnapping from India
would not be prepared to accept.'
25. The present case being a case of circumstantial evidence, the prosecution, over and above the confessional statements ... Mayur at the instance of A1. It is the prosecution case that the kidnapped boy was kept in the flat No. 10 of Bansari Apartment
